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Patent Application/Examination

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jkdinner45

Junior Member
Okay, bare with me, I,ve never used one of these before. We filed a Patent application in 11/05. We are now waiting for the examination to be finished, is the application # a patent pending #? Also our idea is to do with advertising, can we submit it to companies? Is that jumping the gun? We are not quite sure what we can do.
Thanks for taking time:)
 

divgradcurl

Senior Member
Yes, the patent is pending -- in fact, it is pending the day you file the application. Of course you are free to advertise or submit to companies -- but you don't have anything until the patent actually issues. In other words, someone could "infringe" your pending patent, and you would have no recourse until the patent actually issues -- you can't enforce a pending patent.
 

jkdinner45

Junior Member
What do you suggest?

Do you think we should wait to approach companies until our patent is granted? Do patents usually make it through the first time? When I last spoke with my Examiner she said it would be about 4-6 weeks before it was done. Do you think we should get an attorney, and if so, what kind? Intellectual Property, or Business? Do big companies usually try to infring? Even if you have an
application# and filing date? Thank you very much for all your advice.
 
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divgradcurl

Senior Member
Do you think we should wait to approach companies until our patent is granted? Do patents usually make it through the first time? When I last spoke with my Examiner she said it would be about 4-6 weeks before it was done. Do you think we should get an attorney, and if so, what kind? Intellectual Property, or Business? Do big companies usually try to infring? Even if you have an
application# and filing date? Thank you very much for all your advice.

None of these questions have a "general" answer -- the answer to each question will depend entirely on all of the specific facts in your case. Your best bet might be to sit down with a local attorney, preferably one with experience working with solo or small inventors, and discuss your situation with that person.
 

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